Legal Question in Credit and Debt Law in California
I reside in California. I have an unpaid debt from November of 2008 at a county operated public emergency room. The bill is for about $800.00. The county did not have an address on file and has not contacted in the last 4 years. I just got a notice that my tax refund had been seized to pay this bill. It is past the statute of limitation on debt collection in California. Is this legal?
3 Answers from Attorneys
It is the county and some public debts dont have SOL...if you made any payments SOL starts nrevas well...
The California statute of limitations for open book accounts like this is indeed four years. There are exceptions, however, that would give a plaintiff more time.
You would need an attorney to look at all the paperwork surrounding this debt to see whether there is an exception to this rule, or whether you have grounds to challenge the seizure.
Best of luck to you.
One other thought -- the idea of a statute of limitations applies only to the filing of a lawsuit to collect. It does not apply to the garnishment of tax returns. Strictly speaking, then, the statute of limitations does not apply to the garnishment.
There is some piece of the puzzle that is missing here. It would take a more detailed interview with you to figure this out.
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